UK Citizen taking Apple to Court in the UK

[MarieAbraham]

Hi all,

IF a UK Citizen has a problem with an Apple product they purchased in the USA, could they take Apple to Court in the UK?

[MarieAbraham]

Anyone know?

[james_law]

What exactly is the issue you have that you need to take APPLE to court?

[CLL1]

I don’t see how our courts would have jurisdiction - the contract was formed in USA.

[2222]

I don’t see how our courts would have jurisdiction - the contract was formed in USA.

What if the uk subsidiary refuses to honour the worldwide guarantee, just as an example?

[MarieAbraham]

It's complicated.

Basically I bought an Iphone which never worked properly. I travel a lot and so had to go to Apple stores in Bangkok, the USA, Europe, when I could to get the problem fixed as Apple were really unhelpful with achieving that via the mail.

Getting an appointment with an Apple Genius proved a nightmare as I needed to get one in a store with the exact model of phone in stock.

Finally, a year later, the store in Berlin identified the problem with the phone (a common problem all over the news and the Web by now) and told me they would replace it. But they had to order the phone in and it might not get there in time. Well, it didn't. I then said I had had enough, bought a Samsung, and sent the defunct phone back to them in the USA and told them to refund me.

They refused, sending the phone to me in Peru by that point, where I was working.

Only they mucked up the customs on the return. They told me to contact Lima Fed-ex which I did, at great expense, only to be told that only the company that sent out the package could call them to hand over the details.

I told Apple this via email, and they emailed back stating they would not contact Fed-ex. I then called Fed-ex again and recorded the cal, getting the exact same information.

This was a year ago, and the phone, unclaimed, was since destroyed.

I am no longer going to be back in the UA, so now want to pursue Apple in the UK Courts.

[MarieAbraham]

Anyone?

[2222]

Your claim is against the bit of Apple that didn't return your phone, or the bit that sold it. That needs to be in the correct jurisdiction. I can't see how that can be in the Uk.

However, you are right. This is complicated, and you are being rather optimistic looking for advice on transnational disputes on a UK consumer forum.

I have no idea whether you have a case at all. It seems to be a dispute about the couriers.

[MarieAbraham]

des8 ? Amethyst ? R0b ?

[R0b]

So which country did you purchase the phone? Not sure if the UK courts would have jurisdiction but if they did then they would apply the laws of the country in which the phone was purchased.. that could get very expensive.

[MarieAbraham]

I bought it in Boston.

[des8]

I think that English Courts have automatic jurisdiction when a defendant who is domiciled outside the European Union can be served with the claim form while in England.
Now if you can trace an office in the UK belonging to the same company which sold you the device in Boston you should be able to serve suit on them (if I'm right!)

That deals with service of the claim.
However the court might decide it doesn't have or wish to exercise that jurisdiction and of course the defendant can challenge jurisdiction

[CLL1]

What if the uk subsidiary refuses to honour the worldwide guarantee, just as an example?

Depends on what the guarantee says?